A/HRC/30/37 evidence. Delays attributable to the detainee or his or her legal representative do not count as judicial delay; (b) To ensure the presence of the detainee regardless of whether he or she has asked to appear; (c) To order immediate release if the detention is found to be arbitrary or unlawful. Any court order of release shall be respected and immediately implemented by the State authorities; (d) To render and publicize its decision on the arbitrariness and lawfulness of the detention without delay and within established deadlines. In addition to being reasoned and particularized, the court’s decision should be clear, precise, complete and sufficient, the contents of which should be made understood in a language and a means, mode or format that the detainee understands. In the event of an unsuccessful challenge, the court, in its decision, must provide reasons for why the individual should remain in detention in the light of the principle that liberty should be the rule and detention the exception. If further restrictions on the liberty of the individual are under consideration, such consideration shall be dealt with in compliance with the principles of international law; (e) To take measures against the State authorities in control of the detention where the deprivation of liberty is determined to be arbitrary or unlawful and/or the treatment during the deprivation of liberty was found to be abusive. 54. For certain forms of detention, States may, exceptionally, enact legislation regulating proceedings before a specialized tribunal. Such a tribunal: (a) Must be established by law affording all guarantees of competence, impartiality and the enjoyment of judicial independence in decidi ng legal matters in proceedings that are judicial in nature; (b) May only be considered legitimate and legally valid if reasonable and objective criteria justify its existence, that is, there exists a special legal condition and/or vulnerability of the person that requires specific protection by a specialized tribunal. The right to equality before the law and to equal protection of the law without any discrimination does not make all differences of treatment discriminatory. Differentiation based on reasonable and objective criteria does not amount to prohibited discrimination. 55. Military tribunals are not competent to review the arbitrariness and lawfulness of the detention of civilians. Military judges and military prosecutors do not meet the fundamental requirements of independence and impartiality. Guideline 5 Right to be informed 56. The factual and legal basis for the detention shall be disclosed to the detainee and/or his or her representative without delay so as to provide adequate time to prepare the challenge. Disclosure includes a copy of the detention order, access to and a copy of the case file, in addition to the disclosure of any material in the possession of the authorities or to which they may gain access relating to the reasons for the deprivation of liberty. 57. In any facility where persons are deprived of their liberty, the detaining authorities must inform detainees of their entitlement to bring proceedings and to receive a reasoned and individualized decision without delay, including on how to commence the procedure and potential consequences of voluntarily waiving those rights.Such information should be provided in a manner that is gender- and culture-sensitive and corresponds to the needs of 14